| The jail improvement at the Beiyang time is an important part of The judicial reform through the time of Republic of China,is also an important link of our country jail improvement movement at modern times. This article takes the national capital, HeNan, ShanXi, Shanghai as inspected regions, through consulting some publication materials such as "Declaration","Eastern Miscellany", "Morning paper", unifies the the primitive reference material of KaiFeng jail in HeNan province through the time of Republic of China, in order to unfold reforming measures and the actual result of constructing innovates, pushing stands newly made and fostering talent in this jail improvement process at this time. when analyzing its success and failure, The hope it can unfold the complete picture of this improvement movement and have a new position, so as to provide some enlightenments for the modernized civilized jail construction which is still carried on at present. This article is composed of introduction, the main text and the conclusion. The main text includes five chapters.The first chapter: the reason of Carring out the jail improvement. The Beiyang time is a reforming stage in the Chinese modern history. The western jail idea and the jail studying knowledge was gradually promoted and disseminated, caused more ambitious gentlemen to realize that improving the jail is necessary. Meanwhile, the Chinese populace had discovered soberly that the consular jurisdiction gave the national sovereignty enormous destruction,and strongly requested abolishing the consular jurisdiction, but the Western countries excuse that the Chinese judicature is backward, the prison system stale ,and did not agree to give the permission,.the intense national pride caused the government and the people devoted progress to the judicial enterprise then, would argue vigorously commissioner the Buddhist ceremony industry soon to put in the same class with the Western big powers isometric, to force the Western country to take back the consular jurisdiction, and restore independence of the Chinese sovereignty. The Beiyang time implementation "Temporary New Criminal law" also requested to implement the new penalty system. All sorts of factor's impetus, had caused to carry out the jail improvement at the point of no return. The second chapter:Building new prisons. Considering many aspects which were involved in the jail improvement, the demonstration effect of the construction is the most obvious, and is also the most intense for person's sense organ impact, becoming the Beiyang government then to greet when European and American various countries made legal jurisdiction investigation ,could take as the chip at "the table top". When The Republic of China established,the improvement received government's Canadian advocationg,.The momentum is quite great. As for the funds to raise for constructing the new jail, in the government allocation limited situation, collecting the social funds in each way, in order to safeguard the new style jail construction soon to be completed, after made diligention in every way, the new style jail rapidly opened in provincial capital and the important commercial port constructs of various provinces,.the old-style jail's internal environment also had a certain extent improvement.The third chapter: Pushing stands newly made. At the Beiyang time, the Government of theRepublic of China had promulgated massive laws and regulations related jail. "Republic of China Jail Rule" ,issued and executed in December, 1913, is our country first official implementation jail fundamental statute. In order to coordinate "Republic of China Jail Rule" implementation, but also had released the massive jail Stipulations , such as each place service regulations, the jail execution of punishment rule, the prison politics management rule and the criminal one after another educate work rule, the formulation and implementation of these principle's, had consummated our country jail institutional framework enormously, advanced the jail improvement to the brand-new stage since the end of the Qing.The fourth chapter: Fostering talent and storing the people with professional skills . Making"newly made" lined by "the new person" is the basic starting point of the jail improvement,.At the Beiyang time, made many laws and regulations to raise and select the jail office, and had taken practical measures,.performing innovation at the personnel system source. In order to safeguard the effect of the jail improvement, the Government of The Republic of China also vigorously improved the jail official's social position, gave the corresponding salary treatment, so as to make the jail official relieve to grind the prison service specially. In order to guarantee the quality of the jail executing, the government of The Republic of China had also implemented on-the-job training system, founded the beginning that jail official in-service training .Corresponding right also associated with similar responsibility, to supervise whether the jail official pay attention to the prison service, Ministry of Justice had implemented the stricter rewards and punishments system,inspecting staffs' routine behavior in-service working.The fifth chapter: The restriction factors of the jail improvement. from the idea is touched,the law is made, to the system complete constructed, The enterprise's impetus of jail improves is restrained by different social factors. This doomed that the enterprise of improving jail is surely a complex and arduous enterprise item. The jail improvement movement at the Beiyang time has not had obviously social environmen for the successful reform. This time, the political situation changes constantly, the government is unable to withstand corrupt, in addition to the regional warlords supported the soldiers dead weight, the central policy law experienced comply agreed in public but opposed in private, the jail improvement law was also this. Secondly, the jail improvement takes the funds sufficient as reposing factor. but at this time, whether the central or the local finance, was quite embarrassed, the jail improvement funds pass through fall behind for a long time, had remained a infinite part. But the society also did not have the sober understanding of the jail improvement, many of the public of each social level were still had the traditional penalty idea. This doomed the legal improvement movement which lacking the widespread participation will certainly get the destiny with little effect. Considering from the legal stratification plane, when the western-style jail system was initially introduced, many people had the plot that completely copy system from western countries, Did not adapt to the Chinese native place's situation,gave ill effect to the jail improvement. |
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